The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-09-16
iNDEMNlTv LANDS.

hteri0g Department Circular In Bo!afio0
to Procedure In Catering Restored Ran.
road Indemnity I.ands-The Rights Of An
Parties 70 be Carefully Guarded.
WASHINGTON, Sept. 7.-Acting Secre-
tary Muldrow of tho Interior Department
yesterday issued Q circular in answer to
many inquiries about the selection Of in
demnity railroad lands, recently restored
to the public domain. The secretary, IN
this explanatory circular, says: Tho
order Of revocation and restoration in
cludes all the lands within the indemnity
limits of the grants, except such lands A.
may be covered BIZ approved selection, BY
which is meant selections which have been
examined and approved by the commits
sioner of this office, and the Secretary OF
the Interior. 1t is provided, however,
that the order Of restoration shall not at
feet rights acquired by grantees within
the primary or granted limits Of any other
Congressional grant. As to lands covered
by unapproved selections, applica~
tions to make filings and entries,
may be received, noted and held
subject to the claim of the company, OF
which claim the applicant must be dis
tinctly informed and memoranda thereof
entered upon the paper. Whenever such
application to file or enter is presented
alleging upon sufficient prima facie show
ing that the land is not from any cause
subject to the company's right of selec--
ton, notice will be given to the proper
representative of the company, which
will be al flowed thirty days after service
of the notice, within which to-
present objections to the allowance OF
filing or entry. Should the company
fail to respond, or show cause before the
district land officers why the application
should not be allowed, the application for
filing or entry will be admitted, and the
selection held for cancellation; but should
the company appear and show cause, an
investigation will be ordered under the
rules of practice to determine whether the
land is subject to the rights Of the COM
pany to make selection of the same, which
will be determined by the register and re-
ceiver, subject to the right OF appeal in
either party.
When appeals are taken from the de-
cision of the register and receiver to this
office in the class of cases above provided
for, they will be disposed of without delay,
and if the decision should be in favor Of
the company and no appeal taken, the
land will be certified to the Secretary Of
4 Tue AOi dpPhOVoA AOh pessSAA~
out requiring further action on the part OF
the company, except the payment OF the
required foes. II the decision should be-
adverse to the company, and no appeal be-
taken, tho selection will be cancelled and.
the filing or entry allowed, subject to COM
pliance with law.
/ Lands which have not been selected will
be subject to settlement and entry as
other public lands, and notice to the COM
pany will not be required. The secretary's-
order revoking said indemnity with
| drawal takes effect from the date OF the
issue, so as to open the lands to settle
ment, but filings and entries of these
lands will not be received until notice Of
the restoration shall have been given by
public advertisement for period OF thirty
days, it being the intention Of the order
| of revocation that, as against actual
settlement made thereafter, the or
| ders of the department withdraw
ing the lands shall no longer be an OBJ
stacle. Rights, both of the company and
of settlers, attaching prior to the issue OF
the secretary's order, will be determined
by the facts in each case. The restoration
as ordered is to entry under the General
| land laws relating to settlement"